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Would anyone like an 'in a chain' support group? (3)

999 replies

Spickle · 02/05/2017 19:17

Assuming all you lovely people in a chain still need a support group? Here it is......

OP posts:
joystir59 · 17/05/2017 18:27

Bluebell thank you for explaining that.

donkey86 · 18/05/2017 11:57

Anyone know anything about Section 42 notices? (Lease extensions). When we accepted the offer on our flat (about two months ago now) the EA said the buyers wanted to extend the lease (it's 93 years) and asked that, though they would pay, they wanted us to get the process started. When I first met my solicitor I mentioned this and she noted that and said she would do what was necessary when contacted by the buyer's solicitor, but that she wouldn't get the work started before then in case the buyer decided not to bother extending for now, because then I'd be liable to pay for the work when it should be them paying.

I didn't think any more about it. But I've just had the EA ask if the work on the extension is progressing well. I checked with my solicitor and she said she's not heard from the buyer's solicitor about it, so hasn't done anything about it. But it turns out that all this time, the buyers have assumed my solicitor was doing the work.

I'm not sure where we go from here. A quick google suggests a section 42 takes at least two months. But we don't really have that long - the rest of the chain is on course to exchange in a month's time and complete soon after.

Any ideas? The easiest thing would be for the buyers to just serve their own lease extension notice after they've been living there for long enough but I'm not sure that will go down well as they wanted it sorted beforehand...

DobbyLovesSocks · 18/05/2017 22:58

Hey everyone. Sorry to hear all your troubles but great news for all those who have moved forward

We are now in and have been for almost a week. Taken so long to post as only got internet back today

Moving day was interesting - van and four car loads and we still had to go back for bits plus ask for an extension Shock. As we were selling to housing association they were quite flexible which was good. Luckily, on my way to drop our keys off we were told everything had gone through and we could collect new keys so no waiting around. Next time (!) I am definitely organising a removal company

I am so pleased we are in and I want to thank everyone on here for the support and a place to come and whinge and celebrate.

Fingers crossed for all you and that you are enjoying your new homes very soon

Spickle · 19/05/2017 00:29

donkey If your buyers want you to start the process of the lease extension (assuming you are a qualifying tenant with at least two years being the registered owner), then they need to request this via their solicitor. Their solicitor will then make enquiries to your solicitor, who will contact you for your agreement or other instructions. If your buyers don't request the lease extension via their solicitor, it won't be raised as an enquiry and your solicitor won't do this work if not formally requested.

How many years are remaining on the lease? If the lease is around the 80 years mark, then it is important that the lease is extended as soon as possible as the cost will rise significantly and the new buyers wouldn't be able to extend it until they had lived in the property for two years.

Unfortunately, if your buyers are adamant that they want you to set the ball rolling with the lease extension, it will add a couple of months onto the transaction, so they need to chat to their solicitor about it asap.

To start the formal process you must serve a notice on the freeholder under Section 42 of The Leasehold Reform, Housing and Urban Development Act 1993, although your solicitor may be able to do this for you (extra fees possibly).

OP posts:
GardenGeek · 19/05/2017 00:47

This reply has been deleted

Message withdrawn at poster's request.

donkey86 · 19/05/2017 09:52

Thanks Spickle. There are 93 years left so we're a long way ahead of the 80 year threshold. The buyers have now said they're going to instruct their solicitors to do it, though I still hope they'll change their mind when they realise the extra time!

Congrats on having moved in Dobby! That feels like a pipe dream at the moment...

CampervanLady · 19/05/2017 10:10

Hi all! We have exchanged :) I never ever want to discuss this experience again.

thecapitalsunited · 19/05/2017 10:23

Hurrah for you Camper!

It's odd because you are a stranger on the Internet but I'm so happy for you right now.

When are you completing?

Spickle · 19/05/2017 11:19

Congratulations Campervan! Huge sigh of relief all round!! Flowers]

OP posts:
upperlimit · 19/05/2017 11:22

Brilliant news CampervanLady , Congratulations!

ocelot41 · 19/05/2017 12:04

Yaaaaay! I am DELIGHTED xxx

OutToGetYou · 19/05/2017 12:33

Fab Camper!

Bluebell9 · 19/05/2017 12:48

Camper thats brilliant. Congratulations.

StripyBlanket · 19/05/2017 14:37

Yay camper - you may even have moved by the time the next thread starts!

Iamcheeseman · 19/05/2017 16:19

Congratulations camper 🎉

ocelot41 · 19/05/2017 18:06

You give me faith Camper. Been feeling like I just can't stand the stress any more today. On the plus side, the last piece of paper (ftbs' searches) is finally due in today after a 5 week wait. So I am hoping that I may be able to celebrate too in a couple of weeks. It is hard to believe it will ever happen!

Arsenicinthesugarbowl · 19/05/2017 20:31

camper at last!!! That's amazing -at last! So pleased for you.

MaryPoppinsPenguins · 19/05/2017 22:21

We moved in today Grin

We hired a removal company who were worth their weight in gold. They said 2 vans and 3 guys, but they sent 4 vans and 5 guys!! They did everything and I would recommend them so highly to anyone who is looking in Surrey.

Completed at 12.10 which was great! Drove straight to pick up the keys, went to the house and they were still packing Hmm

They told us they would leave by 2... so we got lunch and gave our movers cash for waiting !

Then they finally let us in and they'd left So much stuff... piles of furniture on the driveway, so much rubbish, chairs, cupboards, fireplace grates... and cigarettes everywhere.

It really put a dampener on the whole thing but now I'm sitting with a wine and my youngest is already asleep in her new room Wine

ocelot41 · 20/05/2017 07:12

That's just wonderful Mary!

SerialGoogler · 20/05/2017 14:21

Can I join? My chain has been trundling along since November! Still looking a 7 odd weeks as problems at beginning of short chain. Feels like life has been on hold since Xmas Sad

ocelot41 · 20/05/2017 22:14

Gosh that's a long time Serial. What happened?

SerialGoogler · 21/05/2017 08:31

Buyers buyer dropped out just before Xmas but they found another quickly. We have all been at the point of exchange for months but still waiting for first in the chain and it has been a nightmare for anyone to get any info. Waiting on their mortgage offer for weeks, then they suddenly started conveyancing so we thought that was sorted, now it turns out that still isn't sorted.

They have complications as they are not resident here so everything is taking longer, meanwhile the rest of us have to sit and wait. Could have thrown in the towel and started again but I don't think I'd complete any sooner now.
Plus a combination of a couple of crap EAs (including my own) so I end up getting all the chasing call as if I can do anything they can't! My weekly conveyancing calls have been the same thing for months. I've decluttered, had removal firms around to quote, filled a skip and now I wait!
I am in touch with my vendor and my buyer directly and we're all fed up but helpless!

ocelot41 · 21/05/2017 11:12

I sympathise hugely. We have been in this game since August. Current offer since Feb - one set of buyers buyers dropped out and needed replacing. New set have gone the slowest route possible on everything, very much one step at a time approach. It is exhausting!

TheGoodWife16 · 21/05/2017 14:38

Serial - we're in exactly the same position as you, albeit ours has only been going on since we went under offer in March.

We're ready, our buyer is ready, her buyers are ready, but because their original buyer walked away, their new buyer hasn't yet received the searches. We have missed two exchange deadlines for our new build property to date.

It took us 3.5 months (with only two viewings during that time) to go under offer. The market here is stagnant - nothing is selling, from one beds upwards.

So we sit and we wait, for yet another week.

Best of luck to everyone here.

TheGoodWife16 · 21/05/2017 14:42

I should also add that this is our 6th house sale/purchase in 16 years and we have vowed NEVER to move again! We're downsizing from a 4 bed detached to a 2 bed semi and we've already decluttered, obtained removal quotes and prepared everything. I will however not commence packing until we've exchanged. I just can't do it!